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hello, this is a really informative web site, maybe some of the readers will have an opinion on this topic.15 unit complex in wa, we only own internal cubic space. everything else is common property. we have one owner of 2 years who has done a considerable amount of unortherised work on common property.mostly pouring large amounts of concrete.he refuses to remove it. have just learnt he is going to sell.is it possible for me to put a caveat on that unit, even though the concrete is on common property. i own 1/15 of that illegal concrete. thanks for any advice.
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Hi Cate, I don’t know what the laws pertaining to this would be in WA. We had a similar problem in a strata I used to live in (NSW). This is how we approached it:
Give the present owner a decision of the EC that there are unauthorised works that must be undone:
During the sale process, a prospective new owner will require a notice from the OC re the unit. In NSW this is under s108 of the relevant act. Ensure that any prospective buyer is notified of the unauthorised works and that the works will have to be undone (even if the new buyer must pay for them).
The new buyer can then negotiate with the present owner. The important point is to get to prospective new owner as soon as possible.
We had an analogous situation. A unit owner had put up a fence enclosing part of the common property into an extended unit courtyard. The fence also did not comply with any of our several options for fences that may be approved. The owner had stonewalled ECs for several years. Once I was on the EC I proposed that we get serious and deal with it via a breach of rules (ACT word for by-laws) notice. By chance this coincided with the owner deciding to sell. We wrote to the owner, explained that it would be a good idea to comply before selling because the breach notice would be on the EC records available to any prospective buyer to see and it might be a problem for the buyer looking to get a loan. This was ignored.
I talked to the selling real estate agent who was really helpful. I gave them a copy of the breach notice and explained what would be required to correct the breach and what sorts of fence would be acceptable in what locations if a new owner wanted one. The agent informed each serious prospective buyer of the situation and the new owner did promptly remove the fence, preferred to not have a new fence and instead landscaped the area very nicely. A nice result.
Cate – it appears that as in NSW your Strata Company is required to provide intending purchasers (or their lawyers / property conveyancers) with certain prescribed information in the form of a certificate, which amongst other things must incorporate the minutes of Strata Company and Council meetings and “any other record or document in the custody or under the control of the strata company”.
It seems to me that it would be prudent for your Strata Company or Council to meet, and to then minute something referencing the unauthorised works that the Owner has undertaken and to provide that Owner with a copy, or alternatively at least correspond with that Owner pointing out the unauthorised works so that a “record” of that could be disclosed under Sect 43 of the WA Strata Titles Act, and as Peter C suggested (post #3), perhaps the existence of that record could be discretely brought to the attention of the Selling Agent.
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